The 43 judges President Donald Trump has put on the nation’s circuit courts are young, conservative and ready to make their mark. Here, Law360 examines how this freshman class of lifetime appointees is already changing American law.
The First Circuit on Wednesday affirmed a Massachusetts trial court’s decision to toss a proposed class action claiming Eversource Energy and Avangrid Inc. drove up electricity prices by $3.6 billion, saying the issue of accepted rates is up to the Federal Energy Regulatory Commission rather than the courts.
A Second Circuit panel on Wednesday affirmed the denial of bail to a former investment fund manager convicted in a $96 million Ponzi scheme who seeks to overturn his sentence, saying he had failed to justify his release.
A California appeals court has tossed a defamation claim in a suit alleging NFL star Odell Beckham Jr. should be held liable for injuries suffered by a man assaulted at a party at the football player's home, saying the claim was barred under a state free speech law.
The Ninth Circuit on Wednesday upheld a lower court's dismissal of an American Diabetes Association lawsuit over diabetes care in the U.S. Army's Child, Youth and School Services programs, finding it is moot because the policy was updated and lacks standing because the organization did not show any injury.
Credit Suisse presented a lean argument to a New York State appeals court on Wednesday after the court rejected its exit bid in two similar suits over crisis-era toxic residential mortgage-backed securities a day earlier.
The North Carolina Utilities Commission told the U.S. Supreme Court on Tuesday that it should hear its petition and grant it a "seat at the table" in its fight over federally approved pipelines or risk impeding the state’s right to regulate interstate pipelines that will operate within its borders.
Kellogg Brown & Root Services Inc. is urging the Federal Circuit to reverse an appeals board’s decision that the Army doesn’t owe the company $48 million in reimbursements for delaying security transportation for builders on a military housing project in Iraq.
The Eleventh Circuit has ruled that the federal government has the authority to challenge Florida's institutionalization of disabled children under Title II of the Americans with Disabilities Act, finding that Congress granted the power even though the act's language may be somewhat ambiguous.
The San Antonio River Authority is a governmental entity and cannot be ordered into binding arbitration in a dispute over a $10 million dam project because lawmakers have granted it immunity, it told the Texas Supreme Court during oral arguments Wednesday.
A Michigan appellate panel has affirmed a jury verdict clearing Norfolk Southern in a suit accusing the railroad of causing a conductor’s injuries suffered during the 2014 “polar vortex,” rejecting the worker’s argument that the jury was given improper instructions.
Allstate Corp. told the Seventh Circuit on Wednesday that a trial court that certified a class of investors in a stock-drop suit wrongly failed to consider evidence that Allstate stock prices were not impacted by allegedly lax underwriting standards it had been accused of hiding.
An Illinois appellate court on Tuesday upheld a jury's decision to award zero damages to a woman who was injected with the wrong allergy medication despite also finding negligence, saying the evidence arguably showed damages were too minimal to warrant compensation.
A Florida law-based breach of contract suit between a car seat maker and its former partner isn’t a patent suit in disguise, meaning it belongs in state court, the Federal Circuit said Wednesday.
The Federal Circuit in a precedential opinion on Wednesday refused to tack an additional three weeks onto the life of an Intra-Cellular Therapies patent related to pharmaceutical salt crystals, finding that the patent office wasn't wrong to penalize the company for delays it caused in the patent examination process.
A Republican member of the Senate Judiciary Committee voiced doubts Wednesday about President Donald Trump's pick for the powerful Second Circuit appeals court, putting the nomination in question given the thin margins on the committee and in the chamber.
The Federal Circuit on Wednesday upheld a Patent Trial and Appeal Board decision striking down a flash memory patent challenged by Micron Technology, finding that the board did not err in invalidating the disputed claims as obvious.
A software company attorney told three Delaware Supreme Court Justices Wednesday that a lower court wrongly calculated the statute of limitations claim cutoff in dismissing a more-than-$67 million appraisal case malpractice suit against Richards Layton & Finger PA.
A man ordered to pay $9 million in restitution for his role in a multimillion-dollar call center scam can't appeal his restitution order because he waived his right to an appeal in his guilty plea, the Fifth Circuit said.
A property management company accused homeowners of a bait and switch when they added class claims to an ongoing arbitration, and the homeowners accused the company of forum shopping as they dueled before the Texas Supreme Court on Wednesday over whether the courts or an arbitrator could decide their dispute.
An Illinois appellate court has rejected a bid from a group of Mattoon, Illinois, municipal retirees to reinstate the bulk of their lawsuit claiming they were improperly required to pay more for health insurance premiums than current city workers, finding they couldn't sue under the state’s insurance code.
The husband of a Time Warner attorney who took her own life can’t collect on her life insurance policy because he didn't show that antidepressants rendered her incapable of acting with intent, a Third Circuit panel ruled Wednesday.
A Seventh Circuit judge on Wednesday questioned the University of Chicago for objecting to the National Labor Relations Board hearing process instead of the underlying finding that short-term workers have collective bargaining rights when it appealed a determination that students employed at the school's libraries could unionize.
The Third Circuit on Wednesday rejected a suburban Philadelphia shopping mall's bid to hold CSX Transportation Inc. liable for flood damage to its property, saying the mall couldn't prove the freight railroad negligently reconstructed or maintained its rail bed.
The Ninth Circuit has affirmed a pair of rulings that denied Samsung's bid to arbitrate two lawsuits involving its Galaxy S7 smartphones, concluding that an "inaptly titled" booklet that comes with the phones and "vague" references to terms on the packaging don't adequately inform consumers they're agreeing to arbitration.
The Federal Circuit should defer to decisions from the Patent Trial and Appeal Board's precedent-setting panel interpreting the America Invents Act, so long as the decisions are reasonable, the patent office told the court Tuesday.
With 150 judicial appointments under his belt, President Donald Trump is reshaping the federal judiciary for decades to come. Here is Law360's comprehensive guide to the nominations.
Every last judicial vacancy will be filled by the end of President Donald Trump’s first term, Senate Majority Leader Mitch McConnell, R-Ky., pledged this week, projecting confidence in his party’s ability to completely transform the federal bench.
Retired Justice John Paul Stevens died Tuesday at age 99. Here Law360 looks at the former U.S. Supreme Court justice’s legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.
One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.
The U.S. Securities and Exchange Commission's recent decision holding that Financial Industry Regulatory Authority expulsions are remedial, not punitive, spells out how far a regulator can go in sanctioning securities misconduct in light of the U.S. Supreme Court's Kokesh opinion, says Clinton Marrs of Marrs Griebel Law.
As a result of the Federal Circuit's recent holding in Genetic Veterinary Sciences v. Laboklin that consenting to a cease-and-desist letter was sufficient to provide specific personal jurisdiction, foreign patent holders should pay careful attention to their license agreements and their enforcement and commercial activities within the U.S., say Daniel Melman and Sarah Benowich of Pearl Cohen.
While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.
After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.
The Federal Circuit's recent patent decisions in Ajinomoto v. U.S. International Trade Commission and Eli Lilly v. Hospira — on the tangential relation exception to the doctrine of equivalents — indicate that prosecution history estoppel may be becoming more favorable to patentees, says Sarah Kagan of Banner Witcoff.
An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.
The California Supreme Court's decision in ZB v. Superior Court that employees cannot recover unpaid wages under the Private Attorneys General Act imposes a serious limit on the law's scope and generates important questions for employee-side counsel when filing claims exclusively under PAGA, say Rafael Tumanyan and Michele Beilke at Hunton.
As jurisdictions around the world adapt and modernize to capture revenue that would otherwise escape taxation under frameworks put in place long before today’s technology existed, digital health companies face rising tax uncertainty, say Kathleen Gregor and Elizabeth Smith of Ropes & Gray.
At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.
The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.
In Nalpropion v. Actavis — a recent abbreviated new drug application case in the Federal Circuit centered on patent claim interpretation, the written description requirement and the substantial equivalence rule — the dissent reached a conclusion that is more consistent with years of jurisprudence than the majority's, says Daniel Pereira of Oblon McClelland.
The New York Supreme Court's Commercial Division Advisory Council recently proposed a rule on video conferencing that would save lawyers and their clients time and money, and allow the division to maintain its leadership in using technology to enhance the efficient administration of justice, says council member Scott Mollen of Herrick Feinstein.
Three recent federal tax cases show how the U.S. Supreme Court's June decision in Kisor v. Wilkie, substantially restricting agency deference, is affecting interpretation of the many regulations and guidance issued post-tax reform, say Andrew Roberson and Kevin Spencer at McDermott.
The California Supreme Court's recent decision in Pitzer College v. Indian Harbor establishes that the notice-prejudice rule may protect California policyholders even if a contractual choice-of-law provision selects less favorable law, but such protection is not guaranteed, especially in the case of third-party policies, say Nathan Anderson and Tyler Gerking of Farella Braun.